Firearm by Felon Lawyer Arlington County, VA
Law Offices Of SRIS, P.C. represents individuals charged with firearm by felon in Arlington County, Virginia. A conviction under Va. Code § 18.2‑308.2—commonly referred to as felon in possession—carries felony penalties and possible mandatory minimum prison time. The Commonwealth’s Attorney for Arlington County prosecutes these cases in Arlington County Circuit Court, where the firm’s attorneys appear regularly. If you or a family member is facing a firearm‑by‑felon charge in Arlington, Rosslyn, Crystal City, Clarendon, or another part of Arlington County, reach our Arlington location at (888) 437‑7747 for a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Firearm‑by‑Felon Charge Means in Arlington County
Under Virginia law, it is a criminal offense for a person convicted of a felony to knowingly and intentionally possess or transport a firearm. The statute, Va. Code § 18.2‑308.2, defines the offense as a Class 6 felony. A Class 6 felony ordinarily carries a term of imprisonment of one to five years in a state correctional facility, or at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500. The statute also imposes mandatory minimum prison sentences under certain conditions—for example, when the prior felony was a violent felony within the preceding ten years, or when the firearm was loaded. A conviction strips the individual of firearm rights and may affect employment, housing, and immigration status.
In Arlington County, a firearm‑by‑felon charge is prosecuted by the Office of the Commonwealth’s Attorney. The case begins with an arrest and an initial appearance before a magistrate, where bond is set. Because felony firearms charges typically involve a secured bond, the assistance of counsel at the bond stage can be critical. The Arlington County General District Court holds a preliminary hearing to determine whether probable cause exists; if the case is certified, it proceeds to the Arlington County Circuit Court at 1425 N. Courthouse Road. The Circuit Court is the trial court for felonies, and defendants have an absolute right to a jury trial there. The court’s docket and the complexity of the evidence drive the timeline, which can range from several months to more than a year depending on motions, discovery, and plea negotiations. Throughout the process, the Commonwealth must prove every element of the offense beyond a reasonable doubt.
How Mr. Sris and His Of Counsel Handle Firearm‑by‑Felon Cases
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., concentrates his practice on criminal defense. He and his Of Counsel—including a former Virginia State Trooper who spent fifteen years in law enforcement—bring over 120 years of combined legal experience. Results may vary. The team’s familiarity with police procedures and firearms investigations allows them to scrutinize the basis for the charge: Was the item actually a firearm under the legal definition? Was the possession knowing and intentional? Did law enforcement obtain the evidence in a lawful manner? In many cases, the Commonwealth’s evidence depends on the testimony of an arresting officer, the recovery of a weapon, and the certified prior felony record. The firm’s attorneys examine each element closely.
Defending a firearm‑by‑felon charge in Arlington County often requires a strategy tailored to the specific facts. The Commonwealth’s Attorney may be willing to consider an amendment of the charge or a reduction in the sentence if the underlying felony is not a violent offense or if mitigating circumstances exist. Where the evidence is weak, a motion to suppress or a challenge to the chain of custody may be appropriate. In some instances, the client’s eligibility for a jury trial in Circuit Court provides leverage to negotiate a more favorable outcome. The firm’s attorneys regularly appear before the judges of the Arlington County courts and understand the local procedures that govern discovery, plea discussions, and trial scheduling.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder, founded the firm in 1997. A former prosecutor, he is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel bring additional depth: one served as a Virginia State Trooper for fifteen years, conducting criminal and traffic investigations across multiple jurisdictions. That background provides practical insight into how law enforcement builds a firearm‑possession case and where vulnerabilities may exist. Law Offices Of SRIS, P.C. has documented over 4,739 case results across all practice areas since 1997. Results may vary.
Frequently Asked Questions
What is the penalty for firearm by felon in Virginia?
A conviction for firearm by felon under Va. Code § 18.2‑308.2 is a Class 6 felony, punishable by one to five years in prison, or at the discretion of the judge or jury, up to twelve months in jail and a fine of up to $2,500. Mandatory minimum prison terms of two or five years apply when the prior felony was a violent felony under Virginia law, or when the firearm was loaded, respectively. Beyond incarceration, a conviction results in a permanent loss of firearm rights and can affect professional licenses, security clearances, and immigration status.
Do I need a lawyer for a firearm‑by‑felon charge in Arlington County?
Yes. A firearm‑by‑felon charge is a serious felony carrying incarceration and long‑term consequences, and the Commonwealth’s Attorney prosecutes these cases vigorously. An experienced defense attorney can evaluate the evidence, identify constitutional or procedural violations, negotiate with the prosecutor, and present a strong defense at trial. Attempting to handle the charge without counsel risks a conviction that could have been avoided or mitigated. Law Offices Of SRIS, P.C. offers consultations at (888) 437‑7747.
Can a firearm‑by‑felon charge be reduced or dismissed in Arlington County?
While every case depends on its own facts, several avenues may lead to a reduction or dismissal. If the Commonwealth’s evidence is weak—for example, the item was not a firearm as defined by law, the possession was not knowing, or the search was unlawful—the charge may be challenged through a motion to suppress or a motion to strike. Even when the evidence is strong, the prosecutor may agree to reduce the charge in exchange for a plea, particularly if the client has a limited prior record or can demonstrate rehabilitation. Discussing your specific situation with an attorney is the first step toward evaluating possible outcomes.
How is bond determined for a felony firearm charge in Arlington County?
A magistrate sets bond shortly after arrest. Because firearm‑by‑felon charges involve a felony and sometimes a mandatory minimum sentence, a secured bond—requiring payment or a bondsman’s deposit—is common. The magistrate considers factors such as ties to the community, employment, criminal history, and the nature of the offense. Bond can be appealed to the Arlington County General District Court, where an attorney can present arguments for a lower bond or release on personal recognizance.
What happens if the firearm was found during a traffic stop in Arlington County?
Many firearm‑by‑felon charges arise from traffic stops. If a firearm is discovered during a stop, the legality of the search is often a central issue. Did the officer have reasonable suspicion to stop the vehicle? Was the search consensual, or did the officer exceed the scope of a lawful frisk? Virginia courts follow the Fourth Amendment exclusionary rule: evidence obtained through an unconstitutional search or seizure may be suppressed. An attorney can file a motion to suppress if the stop or search was unlawful, potentially experienced to dismissal of the charge.
What is the difference between state and federal felon‑in‑possession charges?
Virginia’s statute, Va. Code § 18.2‑308.2, covers possession within the state, while the federal counterpart, 18 U.S.C. § 922(g)(1), makes it a federal crime for a convicted felon to possess a firearm that has traveled in interstate commerce. Federal charges carry potentially longer sentences and no parole. In some cases, a person could face both state and federal charges, though dual prosecution is not automatic. If federal authorities become involved—often through the ATF or FBI—early engagement with an attorney familiar with both state and federal practice is essential.
Does Virginia offer any first‑offender or diversion program for firearm‑by‑felon charges?
Firearm‑by‑felon offenses are not typically eligible for standard first‑offender diversion programs, such as those available for drug possession or certain property crimes under Va. Code § 18.2‑251 or § 19.2‑303.2. However, a prosecutor may consider alternative resolutions depending on the facts—such as an amendment to a lesser charge that allows for probation or a suspended sentence. An attorney can explore whether any discretionary alternatives exist in your case and advocate for the most favorable outcome possible.
How long does a firearm‑by‑felon case take in Arlington County Circuit Court?
The timeline varies significantly. After a preliminary hearing in General District Court, the case is certified to Circuit Court if probable cause is found. From there, the court schedules an arraignment and sets a trial date. Factors such as the complexity of the evidence, the number of pretrial motions, and the court’s calendar influence the length of the process. It is not unusual for a felony case in Arlington County Circuit Court to take several months to over a year from arrest to resolution. Your attorney can provide a more accurate estimate based on the specific circumstances.
What should I do if I am contacted by law enforcement about a suspected firearm‑by‑felon violation?
If law enforcement contacts you regarding a possible firearm‑by‑felon matter, exercise your right to remain silent and do not make any statements until you have spoken with an attorney. Anything you say can be used against you. Do not consent to a search of your person, vehicle, or home. Politely indicate that you wish to speak with counsel. Contact an experienced criminal defense lawyer as soon as possible. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What if I am not a U.S. Citizen and am charged with firearm by felon?
A firearm‑by‑felon conviction can trigger severe immigration consequences, including removal (deportation) and inadmissibility. Criminal defense strategy for a non‑citizen must consider both the criminal and immigration implications. Mr. Sris and his Of Counsel practice immigration law as well as criminal defense, and can coordinate a defense that weighs the impact on your immigration status. If you hold a visa or green card, it is critical to involve counsel immediately. Call (888) 437‑7747 to discuss your case.
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Primary sources: Va. Code § 18.2‑308.2 · Arlington County Circuit Court · Virginia Legislative Information System
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. Attorney responsible for this advertising: Mr. Sris.
